Using Employer Portability (AC21)

[sadullahceran]

I have a quite unique case, it is hard to find information about similar cases.

I joined Amployer A on Oct 2017
Employer A filed I-140 and I-485 concurrently in April, and USCIS received the application on 4/12/2019.
I quit working for Employer A on 9/9/2019
I started working for Employer B on 9/16/2019
Today (10/10/2019), 180 days passed since my application is pending.

My question is, can I ask transfer of my AOS application under AC21?
USCIS says that in order to transfer, these two conditions must be satisfied (source: https://www.immihelp.com/changing-em...tatus-pending/)

• Employment based Adjustment of Status (I-485) has been filed and remained unadjudicated (pending) for 180 days or more;
• The new job is in the same or similar occupational classification as the job for which the certification or approval was initially made. (this is OK)

I strongly doubt that Employer A has sent a request to USCIS about canceling the I-485. My I-485 seems to be still pending.

What do you think? Has there been anyone in similar situation?

[scientist2016]

Employer has nothing to do with your I485. It is filed by the beneficiary. Employer only files I140. To be able to port, you should have an approved I140 (which then confers you with a PD). Since from your post it appears as if I140 hasn't been approved yet, you cannot do anything as of now.